Where an employee’s behaviour or conduct is inappropriate, it should be addressed.

It is usually addressed through a disciplinary process up to and including dismissal.

Serious misconduct includes:

  • wilful and deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment;
  • conduct that causes serious an imminent risk to the health or safety of a person or the reputation, viability or profitability of the employer’s business;
  • an employee, in the course of their employment engaging in theft, fraud, assault, being intoxicated at work, refusing to carry out a lawful and reasonable instruction that is consistent with the employee’s contract of employment.

If an employee is dismissed for serious misconduct, they will not be entitled to notice on termination.

Misconduct might seem like serious misconduct to an employer, when in fact it might not be, which is why advice is recommended by any dismissal.

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